1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

1. Basic facts

A. The plaintiff (Appointed), the designated parties, the defendant et al. are only registered as co-owners for convenience with respect to the building of the 1st and the 4th above ground in Busan-gu, Busan-gu, Busan-do (hereinafter "the building in this case"), and the actual building in this case is divided ownership.

B. The plaintiff (appointed party) and the designated parties (hereinafter referred to as "the plaintiff et al.") share the two floors of the building of this case and the three shops indicated in the annexed drawings, respectively, and the defendant divided the first floor of the underground floor and the two shops indicated in the annexed drawings.

C. After acquiring the sectional ownership of the instant building on October 27, 2010, the Defendant leased the part at the entrance of the entrance of the first floor of the instant building to D, and D operates the field marking e in the name of “E” in which it loaded eries, etc. at the entrance of the entrance.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 6, and 7 (including branch numbers in the case of additional statements) and the purport of the whole pleadings

2. The entrance and stairs of the 1st floor of the instant building, alleged by the Plaintiff (Appointed Party), fall under the section for common use, not the objects of partitioned ownership. The Defendant leased it to D without the consent of the Plaintiff, etc., thereby causing damage to the amount equivalent to the rent corresponding to the shares of the Plaintiff, etc. (total 24/72).

Therefore, the Defendant is obligated to refund the Plaintiff, etc. the monthly rent of KRW 21,200,00 (i.e., the monthly rent of KRW 1.2 million x 53 months x 24/72 x 53 months x 24/72) and damages for delay. No objection is raised against the Plaintiff, etc.’s direct claim for the monthly rent from March 4, 2015 as to the monthly rent that accrues from March 4, 2015 by the date on which the Plaintiff, etc.’s ownership is lost.

3. Common areas such as corridors, stairs, etc. of an aggregate building may be used for a separate purpose, such as using them as a store in its structure, or leased to others for the same purpose.